Law:

Section:

Family Courts Act (XXXV of 1964)--- ----S. 5, Sched., Ss.7(ii) & 12---Suit for recovery of maintenance allowance, dower and dowry articles---Application for additional evidence---Scope-Petitioner/ defendant contended that appearance of Secretary Union Council was necessary for just adjudication of the dispute/plaintiff contended that instead of producing his evidence petitioner was applying delaying tactics to enhance agony of plaintiff---Validity-Record revealed that suit was instituted in the year 2014 but it had not been decided yet---Under the provision of S. 12 of the Family Courts Act, 1964, it was mandatory for the Court to decide suit positively within six months from the date of its institution---Courts below had rightly declined the petitioner's prayer for the production of documents at later stage, which had not been referred to in the memo of written statement or Schedule appended thereto, mentioning of the same in terms of S.7 of Family Courts Act, 1964 being mandatory---Family Court, legally, was not permitted to allow additional evidence or to add names of witnesses in the Schedule---Constitutional petition was dismissed accordingly. THIS JUDGMENT DELIVERED BY: ABDUL SHAKOOR, JUSTICE:---.--- Through instant constitutional petition, the petitioner seeks an appropriate writ against the respondents with the following prayer:-- "On acceptance of the instant writ petition, impugned orders dated 09.02.2017 and dated 20.3.2017, passed by the learned trial Court, as well as the impugned order dated 18.5.2017, passed by the learned District Judge, Lakki Marwat may kindly be set aside and application of the petitioner/ defendant for recording additional evidence may be allowed." 2. Brief facts forming the background for the institution of instant writ petition are that on 08.11.2014 respondent/ plaintiff Atia Gul instituted a family suit before the learned Judge Family Court, Lakki Marwat for:-- (a) Recovery of dower (Seven Tola gold ornaments) or in alternative its price. (b) Recovery of maintenance allowance worth Rs.1,40,000/- for the last 14 months, at the rate of Rs. 10,000/- per month and at the same rate in future till the existence of Nikah.…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492